Mealey's PI/Product Liability - Beverage Manufacturer Not Entitled To Dram Shop Act Immunity, Calif. Court Rules

FRESNO, Calif. - The manufacturer of an alcoholic beverage is not entitled to the civil immunity provided by the California dram shop statute, the Fifth District California Court of Appeal ruled Nov. 6 (Brett A. Fiorini, et al. v. City Brewing Co. LLC, No. F067046, Calif. App., 5th Dist.).

Mealey's PI/Product Liability - Federal Judge Dismisses Suit For Failure To Support Defect, Conspiracy Claims

TAMPA, Fla. - A Florida man has failed to allege sufficient facts to support his product defect and conspiracy claims against Lorillard Tobacco Co., a federal judge ruled Nov. 5 (Franklin Lee Bradley v. Lorillard Tobacco Co., No. 8:13-cv-227-T-33AEP, M.D. Fla.; 2014 U.S. Dist. LEXIS 156927).

Mealey's PI/Product Liability - Neurontin MDL Judge Awards Counsel 28 Percent In Fees, Costs For Third-Party Pact

BOSTON - Plaintiffs' attorneys in the $325 million Neurontin third-party payer class settlement will receive attorney fees and cost of 28 percent and not the 33-1/3 percent they requested, according to a Nov. 10 order by the Massachusetts federal judge presiding over the multidistrict litigation...

Mealey's PI/Product Liability - Judge In NFL Concussion MDL Denies Public Citizen's Motion To Participate

PHILADELPHIA - The judge overseeing the National Football League (NFL) concussion multidistrict litigation on Nov. 10 denied a motion by consumer advocacy group Public Citizen Inc. to participate in a fairness hearing on approval of settlement of the class action (In re: National Football League Players...

Mealey's PI/Product Liability - Class Representatives Ask To Add Non-Contact-Sport Players To NCAA Concussion Suit

CHICAGO - Class representatives in the National Collegiate Athletic Association (NCAA) concussion litigation on Nov. 7 asked the U.S. District Court for the Northern District of Illinois to add athletes in non-contact sports as representatives of the settlement class (In re National Collegiate Athletic...

Mealey's PI/Product Liability - Minnesota Judge Sets Deadlines In NHL Concussion Multidistrict Litigation

MINNEAPOLIS - The judge overseeing the National Hockey League concussion multidistrict litigation entered a pretrial order on Nov. 7 setting forth dates for briefing and argument on motions to dismiss the players' action (In re: National Hockey League Players Concussion Injury Litigation, MDL No...

Mealey's PI/Product Liability - Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. - A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug (In Re: Reglan Litigation, No. A-2014-13T4, N.J. Super., App. Div.)...

Mealey's PI/Product Liability - Florida Jury Awards $450,000 In Punitives To Daughter Of Smoker

BRONSON, Fla. - The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida's Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost $80 million (Dianne Webb...

Mealey's PI/Product Liability - Jury Awards $26.7M To 4 Women In Boston Scientific Pelvic Mesh MDL Trial

MIAMI - A federal jury in Florida on Nov. 13 awarded four women a total of $26.7 million in a multidistrict litigation trial involving Boston Scientific Corp.'s Pinnacle Pelvic Floor Repair Kit pelvic mesh repair device (Amal Eghnayem, et al. v. Boston Scientific Corporation, No. 14-24061, S.D. Fla...

Mealey's PI/Product Liability - Drug Country-Of-Origin Suit Against Apotex, Costco Dismissed By Federal Judge

LOS ANGELES - A California federal judge on Nov. 13 dismissed without prejudice a pro se lawsuit against Apotex Corp. and Costco Wholesale Corp. for selling a prescription heart drug without disclosing that it was made in India (Joel D. Joseph v. Costco Wholesale Corporation, et al., No. 14-6899, C.D...

Mealey's PI/Product Liability - Deadline For Submitting GM Ignition-Switch Claims Extended 1 Month

DETROIT - Compensation expert Kenneth Feinberg announced Nov. 16 that the deadline for submitting claims to the General Motors (GM) Ignition Compensation Claims Facility has been extended one month, to Jan. 31. Feinberg said that the extension was been granted "in an abundance of caution."

Mealey's PI/Product Liability - GM Agrees To Produce Privileged Material In Ignition-Switch Case

NEW YORK - General Motors LLC told Judge Jesse M. Furman, who is overseeing the ignition-switch multidistrict litigation in the U.S. District Court for the Southern District of New York, in a letter Nov. 14 that it will produce a number of privileged documents pursuant to an agreement with the lead plaintiffs'...

Mealey's PI/Product Liability - Receiver Of Goods Not Liable To Truck Driver For Injuries, Ore. Federal Judge Rules

PORTLAND, Ore. - The owner of a manufacturing facility is not liable under a premises liability theory to a truck driver who was injured when an unsecured load of materials knocked him to the ground during a delivery, a federal judge in Oregon ruled Nov. 14 (Musie W. Haile, et al. v. Hickory Springs...

Mealey's PI/Product Liability - GM, Plaintiffs Agree On Preservation Of Parts From Recalled Vehicles

NEW YORK - General Motors LLC (GM) and plaintiffs in the ignition-switch multidistrict litigation on Nov. 13 submitted an agreed preservation order setting forth the automaker's obligations for maintaining and preserving recalled parts covered by National Highway Traffic Safety Administration (NHTSA...

Mealey's PI/Product Liability - W.Va. Jury Finds Spoliation Of Evidence, Awards $155,000 Against Manufacturer Takeda

MARTINSBURG, W.Va. - A West Virginia state court jury on Nov. 17 found that Actos is not unsafe and that manufacturer Takeda Pharmaceutical Co. Ltd. was not negligent in the case of a man who developed bladder cancer while taking the diabetes drug, but the panel did find spoliation of evidence on the...

Mealey's PI/Product Liability - 9th Circuit: CAFA Triggered By Plaintiff's Request In California Darvon Cases

SAN FRANCISCO - In a 9-2 ruling, the Ninth Circuit U.S. Court of Appeals on Nov. 18 said that multiple plaintiffs in two Darvon/Darvocet/propoxyphene cases intended to have their cases coordinated by a state court "for all purposes" and, thus, removal to federal court under the Class Action...

Mealey's PI/Product Liability - More Than 1,000 Biomet Hip Cases Resolved; Parties Ask Court To Extend Deadline

SOUTH BEND, Ind. - More than 1,000 Biomet M2A Magnum hip implant cases have been resolved, parties to the multidistrict litigation told the court on Nov. 17 (In Re: Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL Docket No. 2391, No. 12-md-2391, N.D. Ind., South Bend Div.).

Mealey's PI/Product Liability - NHTSA Seeks National Recall Of Vehicles Containing Takata-Manufactured Air Bags

WASHINGTON, D.C. - The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) announced Nov. 18 that it is seeking a nationwide recall of vehicles containing driver's side air bags manufactured by TK Holdings, parent company of air bag manufacturer Takata Corp...

Mealey's PI/Product Liability - Florida Jury Awards $21 Million To Widow Of Smoker With Lung Cancer

MIAMI - A jury in Florida's 11th Judicial Circuit Court returned a $21 million verdict on Nov. 18 for the widow of a man who died of lung cancer after smoking for 45 years (Diane Schleider, et al. v. R.J. Reynolds Tobacco Co., No. 13-2013-CA-006984, Fla. 11th Jud. Cir., Dade Co.).

Mealey's PI/Product Liability - Florida Woman's Family Names Honda, Air Bag Maker In Wrongful Death Action

ORLANDO, Fla. - The family of a Florida woman who was killed in an auto accident filed a wrongful death action in state court Nov. 17, contending that her death resulted from injuries suffered when the driver's side air bag in her 2001 Honda Accord exploded (Tina Tran Dang, et al. v. Honda Motor...

Mealey's PI/Product Liability - Judge Rejects Motion For Recusal In Florida Tobacco Trial For Magazine Comments

JACKSONVILLE, Fla. - An Iowa federal judge assigned to hear a tobacco injury suit in the U.S. District Court for the Middle District of Florida on Nov. 17 denied a motion by Philip Morris USA Inc. to recuse himself because of his public comments praising the actions of trial lawyers (William Starbuck...

Mealey's PI/Product Liability - Health Insurer: Endo Paid Impax $112M To Delay Selling Generic Opana ER

BATON ROUGE, La. - Blue Cross Blue Shield of Louisiana on Nov. 17 filed a class action complaint in federal court, alleging that Endo Health Solutions Inc. paid a competitor at least $112 million to delay a generic drug until Endo could market a new, crush-resistant formula (Louisiana Health Service...

Mealey's PI/Product Liability - NHL Seeks Dismissal Of Retired Players' MDL Brain-Injury Suit

MINNEAPOLIS - The claims of the representative plaintiffs in the master complaint filed in the National Hockey League concussion multidistrict litigation are barred by the statute of limitations, the NHL argues in a memorandum in support of its motion to dismiss filed Nov. 18 in the U.S. District Court...

Mealey's PI/Product Liability - California Panel Affirms $3.67M Pelvic Mesh Verdict

FRESNO, Calif. - A California appeals panel on Nov. 19 affirmed a $3.67 million judgment in a pelvic mesh trial, denying defendant C.R. Bard Inc.'s argument that the jury questions were erroneous, that post-surgery evidence was improperly admitted and that there was misconduct by a plaintiffs'...

Mealey's PI/Product Liability - Tennessee Panel Affirms Judgment Against Roofing Supply Company Over Leaks

KNOXVILLE, Tenn. - A Tennessee Court of Appeals panel on Nov. 18 affirmed a chancellor's $220,374.96 judgment against a roofing supply company after finding that the lower court properly allowed evidence concerning a roof estimate from another company (Centimark Corporation v. Maszera Company LLC...